Description
Crisis of identity – quantum of damages – general damages – bodily injuries – amputation of right leg – loss of earning capacity – interest on general damages – failure to file a written statement of defence.
- Crisis of identity – respondent explained use of different names in the cause of giving evidence – the explanation was not contradicted – it is too late to challenge it on appeal.
- There are no hard and fast rules in the determination of general damages and they cannot be approached with mathematical precision.
- General damages in the sum of TShs. 400,000,000/- awarded based on gravity of injury and serious effects on earning capacity – motor accident causing severe bodily injuries including amputation of right leg.
- Principles for determination of quantum of damages and compensation in personal injury cases.
- Interest – 26% interest on special damages and costs was imposed on basis of the claim contained in the plaint and it was not contradicted – the appellant (defendant) did not file a written statement of defence and so he lost the chance to challenge it.
